ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [EPA-R04-OAR-2007- 1 186;FRL - ] Approval and Promulgationof Air Quality Implementation Plan: Kentucky;Approval Section 110(a)(l)Maintenance Plan for the 1997 8-Hour Ozone Standardfor the Paducah Area.



### AGENCY: Environmental Protection Agency (EPA). 

### ACTION: Proposed rule. 

### SUMMARY: EPA is proposing to approve a revision to the Kentucky StateImplementation Plan (SIP) concerning the maintenanceplan addressingthe 1997 8-hourozone standard for the Paducah 8-hour ozone attainment area, which comprisesMarshall County and a portion of Livingston County (hereafterreferred to as the "Paducah Area"). This maintenanceplan was submitted to EPA on May 27,2008, by the Commonwealth of Kentucky, and ensures the continued attainment of the 1997 8-hour ozone national ambient air quality standard (NAAQS) through the year 2020. OnJuly 15,2009,the Commonwealthof Kentucky submitted supplemental informationwith updated emissions tables for this Area to reflect actual emissions. EPA proposes to find that this plan meets the statutoryand regulatory requirements, and is consistent with EPA's guidance. EPA is proposing to approvethe revisions to the Kentucky SIP, pursuant to Section 110of the Clean Air Act (CAA). On March 12,2008,EPA issued 

### a revised ozone standard. The current action, however, is being taken to address requirementsunder the 1997 ozone standard. Requirements for the Paducah Area under the 2008 standardwill be addressed in the future.DATES: Comments must be received on or before [insert date 30 davs after date ofpublication in the Federal Register].

ADDRESSES: Submit your comments, identified by Docket ID No. EPA-R04-OAR-2007- 1186,by one of the following methods: 1. www.regulations.gov: Follow the on-line instructions for submitting comments. 2. E-mail: benjarnin.lynorae@epa.gov. 3. Fax: 404-562-9019. 4. Mail: EPA-R04-OAR-2007- 1 186, Regulatory Development Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW,Atlanta, Georgia 30303-8960. 5. Hand Delivery or Courier: Lynorae Benjamin, Chief, Regulatory Development Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth Street, SW, Atlanta, Georgia 30303-8960. Such deliveries are only accepted during the Regional Office's normal hours of operation. The Regional Office's official hours ofbusiness are Monday through Friday, 8:30 to 4:30, excluding federal holidays.

Instructions: Direct your comments to Docket ID No. EPA-R04-OAR-2007-1186. EPA's policy isthat all comments received will be included in the public docket without change and may be made available online at www.rerr;ulations.gov,including any personal information provided, 2unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restrictedby statute. Do not submit through www.regulations.gov or e-mail, informationthat you consider to be CBI or otherwise protected. The www.re.gulations.govwebsite is an "anonymous access" system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through www.rerrulations.~ov, your e-mail address will be automatically captured and included as part ofthe comment that is placed in the public docket and made available on the Internet. Ifyou submit an electronic comment, EPA recommends that you includeyour name and other contact information in the body ofyour comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and ca&t contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be fiee of any defects or viruses. For additional information about EPA's public docket visit the EPA Docket Center homepage at 

### htt~://www.e_pa.~ov/e~ahome/dockets.htm.

Docket: All documents in the electronic docket are listed in the www.regulations.gov index. Although listed in the index, some information is not publicly available, i.e., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material,is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either electronically in www.regulations.~ov or in hard copy at the Regulatory Development Section,Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4, 61 Forsyth 

### 3Street, 

### SW, Atlanta, Georgia 30303-8960. EPA requests that if at all possible, you contact the person listed in the FOR FURTHER INFORMATION CONTACT section to schedule your inspection. The Regional Office's official hours of business are Monday through Friday, 8:30 to 4:30, excluding federal holidays.

FOR FURTHER INFORMATION CONTACT: Zuri Farngalo, Regulatory Development Section, Air Planning Branch, Air, Pesticides and Toxics Management Division, U.S. Environmental Protection Agency, Region 4,61 Forsyth Street, SW, Atlanta, GCorgia 30303- 8960. The telephone number is (404) 562-91

### 52. Mr. Farngalo can also be reached via electronic mail at farnglalo.zuri@,epa. aov.

SUPPLEMENTARY INFORMATION: Table of Contents I. Background 11. Analysis of the Commonwealth's Submittal 111. Final Action IV. Statutory and Executive Order Reviews I. Background In accordance with the CAA, the Paducah Area, consisting ofMarshall County and a portion ofLivingston County in Kentucky, was designated as marginal nonattainment for the 1- hour ozone NAAQS effective November 6, 1991 (56 FR 56694) because the Area did not meet the 1 -hour ozone NAAQS. On November 13, 1992,the Commonwealth of Kentucky submitted 4a request to redesignate the Paducah Area to attainment for the 1 -hour ozone standard. At the same time as the redesignation request, Kentucky submitted the required ozone monitoringdata and maintenance plan to ensure that the Paducah Area would remain in attainment for the 1 -hour

ozone standardfor a period of 10years, consistent with the CAA section 175A(a). The maintenance plan submitted by Kentucky followed EPA guidance for limited maintenance areas, which appliedto 1 -hour ozone standard areas with design values less than 85 percent of the applicable standard (0.12 parts per million (ppm)). On February 7, 1995, EPA approved Kentucky's request to redesignate the Paducah Area (60 

### FR 7124) to attainment for the 1 -hour ozone standard. On April 30,2004, EPA designated areas for the 1997 8-hour ozone NAAQS (69 FR 23858), and published the final Phase 

### I Implementation Rule for the 1997 8-hour ozoneNAAQS (69 

### FR 2395 1) (Phase 

### I Rule). Marshall County and a portion ofLivingston County (i.e., which make up the Paducah Area) were designated attainmentfor the 1997 8-hour ozone standard, effective June 15,2004. The Paducah attainment area consequently was required to submit a 10- year maintenance plan under section 110(a)(l)of the CAA and the Phase 

### I Rule, 40 CFR 51.905(a)(3) and (4). On May 20,2005, EPA issued guidance providing information on how a statemight fulfill the maintenance plan obligation establishedby the CAA and the Phase I Rule (Memorandumfrom Lydia N. Wegman to Air Division Directors,Maintenance Plan Guidance Document for Certain 8-hour OzoneAreas UnderSection 11O(a)(lj of CleanAir Act, May 20, 2005 -hereafter referred to as "Wegman Memorandum"). On December 22,2006, the United States Court of Appeals for the District of Columbia Circuit issued an opinion that vacated portions of EPA's Phase 

### I Implementation Rule for the 1997 8-hour ozone standard. See South

### Coast

### Air QualityManagement District. 

### v. EPA, 472 F.3d 882 (D.C. Cir. 2006). The Court vacated those portions ofthe Rule that provided for regulation ofthe 1997 8-hour ozone nonattainment areas designated under Subpart 1 in lieu of Subpart 2 (of part D of the CAA), among other portions. The Court's decision did not alter any requirements under the Phase I Rule for section 1 1 O(a)(l) maintenance plans. EPA isproposing to find that Kentucky's May 27, 2008, proposed SIPrevision satisfies the section 110(a)(l) CAA requirements for a plan that provides for implementation, maintenance, and enforcement ofthe 1997 8-hour ozone NAAQS in the Paducah Area. On March 12,2008,EPA issued a revised ozone standard. The current action, however, is being taken to address requirements under the 1997 ozone standard. Requirements for the Paducah Area under the 2008 standard will be addressed in the future.

11. Analysis of the Commonwealth's Submittal On May 27,2008, the Commonwealth of Kentucky submitted a SIP revision containing the 1997 8-hour ozone maintenance plan for the Paducah Area as required by section 1 1 O(a)(l) of the CAA and the provisions ofEPA's Phase 

### I Rule 

### (see40 CFR 

### 5 1.905(a)(4)). The purpose of this maintenance plan isto ensure continued attainment and maintenance ofthe 1997 8-hour ozone NAAQS in the Paducah Area until 2020. As required, this plan for continued attainment and maintenance of the 1997 8- hour ozone NAAQS in the Paducah Area for 10years from the effective date ofthe Area's designation as attainment for the 1997 8-hour ozoneNAAQS, and includes contingency

measures. A July 15,2009, submittal from Kentucky updated the emissionsprojections for pointsources for 2005 and 2008 with actual data, and revised the point source projections for 201 1, 2014,201

### 7 and 2020 based on more recent data. Each ofthe section 110(a)(l)plan components is discussed below for the Paducah Area. (a)Attainment Inventory. In order to demonstrate maintenancein the Paducah Area, Kentucky developed comprehensive inventories of volatile organic compounds (VOC) and nitrogen oxide (NOx)emissions from area, stationary, and mobile sources using 2002 as the base year. The year 2002 is an appropriate year for Kentucky to base attainment level emissions because states may select any one ofthe three years on which the 1997 8-hour attainment designation was based (2001,2002, and 2003). The Commonwealth's submittal contains the detailed inventory data and summariesby source category. Using the 2002 inventory (as a base year) reflects one of the years used for calculating the air quality design values on which the 1997 8-hour ozone designation decisions were based. A further practical reason for selecting 2002 as the base year emission inventory isthat section 110(a)(2)(B)of the CAA and the Consolidated Emissions Reporting Rule (67 FR 39602, June 10,2002)require states to submit emissions inventories for all criteria pollutants and their precursors every three years, on a schedule that includesthe emissions year 2002. The due date for the 2002 emissions inventory is established in the Rule as June 2004. In accordance with these requirements, Kentucky compiles a statewide emissions inventory for point sources on an annual basis. On-road mobile emissions ofVOC and NOx were estimated using MOBILE6.2 motor vehicle emissions factor computer model. Non-road mobile emissions data were derived using the U.S. EPA's Non-Road Model.In projecting data for the attainment year 2020 inventory, Kentucky used several methods to project data from the base year 2002 to the years 2005,2008,201 1,2014,2017 and 2020. These actual and projected inventories were developed using EPA-approved technologies and methodologies. Point source and non-point source projections were derived from the Emissions Growth Analysis System version 4.0 (EGAS 4.0). Non-road mobile projections were derived from EGAS 4.0, as well as from the National Mobile Inventory Model. The following tables provide VOC and NOx emissions data for the 2002 base attainment year inventory; as well as actual VOC and NOxemission inventory data for 2005 and 2008; and projected VOC and NOx emission inventory data for 201 1,2014,2017 and 2020. Table 1. 

### Paducah Area VOC and NOx Emissions Inventory 

# '

As shown in Table 1 above, the Paducah Area is projected to decreasetotal VOC and NOx emissions from the base year of 2002 to the maintenance year of 2020, thus demonstrating Emissions Total VOC (tons per day)

Total NOx (tons per day)

continued attainment/maintenance of the 1997 8-hour ozone standard. Total VOC emissions are 2002 77.46

8.40

projected to steadily decrease from the base year of 2002 through 201 7, but are then projected to 2017 21.59 5.69 2005 66.77 7.52

slightly increase by 0.05 tons per day between the years 201 7 and 2020. However, year 2020 

## ' The emissions estimates in this table were provided by Kentucky on July 15,2009, through John Lyons, Director, Division of Air Quality, as an update to emissions estimates provided in the May 25, 2007, submittal. 8 2008 21.95 7.10 2011 21.87 6.62 2014 21.73 6.05emissions projected for both 

### VOC and NOx are well under the 2002 baseline year emissions levels. Thus Kentucky demonstrated that the 1997 8-hour ozone standard will continue to be maintained. As shown in the table above, Kentucky has demonstrated that the future year emissions will be less than the 2002 base attainment year's emissions for the 1997 8-hour ozoneNAAQS. The attainment inventory submitted by Kentucky for this Area is consistent with the criteria discussed in the Wegman Memorandum. EPA finds that the actual emissions levels in 2005, and 2008, along with the future emissions for 201 1,2014,2017,and 2020 are expected to be less than the emissions levels in 2002. See Table 2 for design value trends for this Area. In the event that a future 8-hour ozone monitoring reading in this Area is found to violate the 1997 8-hour ozone standard, the contingency plan section ofthe maintenance plan requires that at least one ofthe listed measures will be promptly implemented to ensure that this Area returns to maintenance of the 1997 8-hour ozone standard. Please see section (d) Contingency Plan, below, for additional information related to the contingency measures. (b)

### MaintenanceDemonstration. The primary purpose of a maintenance plan isto demonstratehow an area will continue to remain in compliance with the 1997 8-hour ozone standard for the 10year period following the effective date of designation as unclassifiableiattainment. The end projection year for the maintenance plan for Paducah Area was 2020. As discussed in section (a) Attainment Inventory above, Kentucky identified the level of ozone-forming emissions that were consistent with attainment of the NAAQS for ozone in 2002. For the original submittal, Kentucky projected VOC and NOx emissions for the years 2005,2008,201 1,2014,2017and 2020 in the Paducah Area. Subsequently, Kentucky providedupdated projections for all years. EPA finds that the future emissions levels in those years are expected to be below the emissions levels in 2002. Kentucky's SIP revision also relies on a combination of several air quality measures that will provide for additional %hour ozone emissions reductions in the Paducah Area. These measures include the potential implementation of the following, among others: (1) federal motor vehicle control program; 

### (2) fleet turnover of automobiles; (3) low reid vapor pressure of gasoline; (4) tier 2 motor vehicle emissions and fuel standards; (5) heavy-duty gasoline and diesel highway vehicles standard; (6) large nomoad diesel engines rule; (7) nomoad spark ignition engines and recreational engines standard; (8)point source emission reductions; (9) Air Products and Chemicals -21 -1 57-00009; (10) reasonably available control measures, (1 1) maximum available control technology; (12) NOx SIP Call; (13) Clean Air Interstate Rule (CAIR)~; (14) several control programs to reduce area source emissions from aerosol coatings, architectural and industrial maintenance coatings, and commercial/consumer products; (15) nonhighway mobile source reductions; and (16) emissions standards for small and large sparkignition engines, locomotives and land based diesel engines. There areno sources subject to CAIR or the NOx SIP Call in the Paducah Area. Hence the recent remand of CAIR does not impact the maintenance inventories or maintenance demonstration in any way. Further, the Paducah Area was in attainment prior to implementation ofthese rules. Hence any contribution to the reduction in the background ozone levels from these rules will be in additionto the projected decreases within the maintenance planning area. These rules are included in the discussion ofthe maintenance plan because, even though the 

# 'Despite the legal status of CAIR asremanded, many facilities have already or are continuing with plans toinstall emission controls that may benefit Kentucky areas. 10submittal takes no credit for them, they are expectedto reduce transported NOx and ozone from outside the nonattainment area, providing a further, unquantified improvement in the Area's air quality. (c)Ambient 

### Air Quality Monitoring. The table below shows design values3 for the Paducah Area. The ambient ozone monitoring data was collected at sites that were selected with assistance from EPA and are considered to be representative of the area of highest concentration. There is one monitor in Livingston County inthe Paducah Area. Marshall County does not have a monitor. For the Livingston County monitor, no design values exceeding the 1997 0.08 ppm standard occurred 

### in recent years and it is anticipated that the monitor will remain at the current location, unless otherwise allowedto be removed in consultation with EPA and in accordance with the 40 CFR part 58. See, Wegman Memorandum, pages 4 and 

### 5. Table 2. Design Values for 

### 8-Hour 

### Ozone (ppm) 

# 1 Year 

# 1

The air quality design value at a monitoring site is defined as that concentration that when reduced to the level of the standard ensures that the site meets the standard. For a concentration-based standard, the air quality design value is simply the standard-related test statistic. Thus, for theprimary and secondary ozone standards, the 3-year average annual fourth-highest daily maximum 8-hour average ozone concentration is also the air quality design value for the site. 40 CFR Part 50, Appendix I, Section 3. 11Based on the Table above, each of the three-year average available design values demonstrates attainment of the 1997ozone NAAQS. Further, these design values indicate that the Paducah Area is expectedto continue attainment ofthe 1997 ozone NAAQS. The attainment level for the 1997 8-hour ozone standard is 0.08 ppm, effectively 0.084 ppm with the rounding convention. However, in the event that a design value at Livingston County monitoring site exceeds the 1997 ozone standard, the contingency plan included in the Kentucky's maintenance plan submittal includes contingency measures which will be promptly implemented in accordance with the contingency plan, discussed below. (dl Contingency 

### Plan. In accordance with 40 

### CFR 5 1.905(a)(4)(ii)and the Wegman Memorandum,the section 1 1 O(a)(l) maintenance plan includes contingency provisions to promptly correct a violation of the 1997 ozone NAAQS that may occur. In this maintenance plan, if contingency measures are triggered by a violation ofthe 1997 8-hour ozone NAAQS, Kentucky is committing to adopt one or more ofthe contingency measures listed below within nine months following the trigger, and implement the measures within eighteen months followingthe trigger. The contingency measures include: (I) implementation of a program to require additional emissions reductions on stationary sources; 

### (2) requirement for StageI Vapor Recovery; (3) requirement of Stage I1 Vapor Recovery; (4) further restrictions on open burning during summer ozone season; (5) restriction of certain roads or lanes to, or construction of such roads or lanes for use by, passenger buses or high-occupancy vehicles; (6)trip-reduction ordinances; 

### (7) employer-based transportation management plans, including incentives; (8) programs to limit or restrict vehicle use in downtown areas, or other areas of emission concentration, particularly during periods ofpeak use; and (9) programs for new constructionand major reconstructions ofpaths or tracks for use by pedestrians or by non-motorized vehicles when economically feasible and in the public interest. The maintenance plan also includestwo additional triggers (which would occur prior to a violation of the 1997 8-hour ozone NAAQS) for an evaluation of existing control measuresto

see if any further emission reduction measures should be implemented at that time. These triggers are an exceedance ofthe NAAQS in any portion ofthe maintenance area or a ten percent

or greater increase in emissions of either VOC orNOx,based on the 2002 emissions inventory and periodic emission inventory updates. If either of these triggers occurs, Kentucky commitsto evaluating existing control measures to see if any further emission reduction measures shouldbe implemented. EPA proposes to find that these contingencymeasures and schedules for implementation satisfyEPAYs guidance on the requirements of section 1 1 O(a)(l) of continued attainment. Continued attainment ofthe 1997 8-hour ozoneNAAQS inthe Paducah Area will depend, in part, on the air quality measures discussed previously (see section 11). In addition, Kentucky commits to verifyingthe 1997 8-hour ozone status in each maintenance plan through annual and periodic evaluations ofthe emissions inventories. In the annual evaluations, Kentucky will review VOC and NO* emission data from stationarypoint sources. During the periodic evaluations (every three years), Kentucky will updatethe emissions inventory for all emissions source categories, and compare the updated emissions inventory data with actual 2005 and 2008, and projected 20 11,2014,201 7 and 2020 attainment emissions inventories to verify continued attainmentofthe 1997 8-hour ozone standard.111. Proposed Action Pursuantto section 11O(a)(l) of the CAA, EPA isproposing to approve the maintenance plan addressing the 1997 8-hour ozone standard for the Paducah Area, which was submittedby Kentucky on May 27,2008 

### ,as updated in a July 15,2009, submission, and which ensures continued attainment ofthe 1997 8-hour ozone NAAQS through the year 2020. EPA has evaluated the Commonwealth's submittal and has determined that it meets the applicable requirements ofthe CAA and EPA regulations, and is consistent with EPA policy.



### IV. Statutory and Executive OrderReviews Under the CAA, the Administrator is required to approve a 

### SIP submission that complies with the provisions ofthe Act and applicable Federal regulations. 42 U.S.C. 74 10(k);40 CFR 52.02(a). Thus, in reviewing SIP submissions, EPA's role is to approve state choices, provided

. that they meet the criteria ofthe CAA. Accordingly, this proposed action merely approves state law as meeting Federal requirements and does not impose additional requirements beyond those imposed by state law. For that reason, this proposed action: is not a "significant regulatory action" subjectto review by the Office ofManagement and Budget under Executive Order 12866(58FR 5 1735, October 4, 1993); does not impose an information collectionburden under the provisions ofthe Paperwork Reduction Act (44 U.S.C. 3501 et seq.); is certified as not having a significant economic impact on a substantial number of small entities under the Regulatory FlexibilityAct (5 U.S.C. 601 et seq.);does not contain any unfunded mandate or significantly or uniquely affect small governments, as described in the Unfunded Mandates Reform Act of 1995 (Public Law 104-4); does not have Federalism implications as specified in Executive Order 13132 (64 

### FR 43255, August 10, 1999); is not an economically significant regulatory action based on health or safety risks subject to Executive Order 13045 (62 

### FR 19885,April 23, 1997); is not a significant regulatory action subject to Executive Order 1321 1 (66 FR 28355, May 22,2001); isnot subject to requirements of Section 12(d)ofthe National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 note) because application of those requirements would be inconsistent with the CAA; and does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods, under Executive Order 12898 (59 FR 7629, February 16, 1994).

In addition, this rule does not have tribal implications as specifiedby Executive Order 13175 (65 FR 67249,November 9,2000), because the SIP isnot approved to apply in Indian country located in the state, and EPA notes that it will not impose substantial direct costs on tribal governments or preempt tribal law.List of Subjects 40 

### CFR part 52 Environmental protection, Air pollution control, Intergovernmental relations, Incorporationby reference, Ozone, Nitrogen dioxides, Reporting and recordkeeping requirements, Volatile organic compounds.

Beverly H. Banister Acting Regional Administrator, Dated: 12/22/2009 Region 4.